Bill 4241

                    Current Status

Bill Number:               4241
Ratification Number:       478
Act Number                 414
Introducing Body:          House
Subject:                   Powers and duties of county mental
                           retardation boards

(A414, R478, H4241)

AN ACT TO AMEND SECTION 44-21-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS, SO AS TO REVISE CERTAIN OF THESE POWERS AND DUTIES AND TO ADD ADDITIONAL POWERS AND DUTIES.

Be it enacted by the General Assembly of the State of South Carolina:

Powers and duties revised

SECTION 1. Section 44-21-840 of the 1976 Code is amended to read:

"Section 44-21-840. Subject to the provisions of this article and the regulations of the department, each county mental retardation board must:

(1) be the administrative, planning, coordinating, and service delivery body for county mental retardation services funded in whole or in part by state appropriations to the department or funded from other sources under the department's control; and it is a body corporate in deed and in law with all the powers incident to corporation including the power to incur debt insofar as that debt is payable from contract, grant, or other revenues and is not the debt of the State or its other political subdivisions. A county board may purchase and hold real property, mortgage property, and erect and maintain buildings. The department must approve all debt of a county board to be paid in whole or in part from contract, grant, or other revenues provided by the State but the department shall have no responsibility for the debt so approved;

(2) submit an annual plan and projected budget to the department for approval and consideration of funding;

(3) review and evaluate on at least an annual basis the county mental retardation services provided pursuant to this article and report its findings and recommendations to the department;

(4) promote and accept local financial support for the county program from private and other lawful sources and promote public support from municipal and county sources;

(5) employ personnel and expend its budget for the direct delivery of services or contract with those service vendors necessary to carry out the county mental retardation and related disabilities services program, who shall meet those specifications prescribed by the department;

(6) plan, arrange, implement, and monitor working agreements with other human service agencies, both public and private, and with other educational and judicial agencies;

(7) provide the department those records, reports, and access to its sponsored services and facilities as the department may require and submit its sponsored services and facilities to licensing requirements of the department or to the licensing requirements of other state or local agencies having this legal authority;

(8) represent the best interest of persons with mental retardation or related disabilities to the public, public officials, and other public or private organizations."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 10th day of April, 1990.